Executing a durable power of attorney enables a client to designate a close friend or family member as an agent with authority to act and make decisions on his behalf. Powers of attorney instruments are very important, and can have a huge impact on your family’s ability to deal with any situation that arises. No one knows what the future may hold, and in the event you become suddenly incapacitated or severely disabled, having a power of attorney in place allows a designated person to make critical decisions regarding your property, family, and estate on your behalf without the need for costly and time-consuming guardianship or conservatorship proceedings.
There are several standard powers of attorney forms available, but it is important that you carefully consider the implications of such an important decision before executing a power of attorney. An experienced probate attorney can help guide you through the process, consider available alternatives, and provide consultation as to who you should designate and what decisions you enable that person to make. A power of attorney can generally be created using the same formalities that are required to make a will (i.e. writing, signature, witnesses). In order to create a valid power of attorney, the person who creates it (called the “grantor”) must have the requisite mental capacity. In other words, once the devastating event occurs creating the need for this powerful tool, it is usually too late to create it. Thus, a power of attorney should be an integral part of any well-drafted estate plan.
The probate attorneys at Boles Holmes White LLC can help you create a tailor-made estate plan that fits your unique situation. By including a durable power of attorney in your estate plan, you can enable a trusted friend or family member to make important decisions on your behalf in the event of unforeseen circumstances, making the transition easier for everyone involved. If you are in need of a power of attorney and you live in the Birmingham area, whether it be Bessemer, Trussville, Pelham or elsewhere, contact us today at 205-502-2000 for a free consultation, and let us put our Birmingham legal team to work for you.